SUNDRY NOMINATIONS

FRIDAY, SEPTEMBER 21, 1962

COMMITTEE ON COMMERCE,

U.S. SENATE,

Washington, D.C.

The committee met at 10 a.m., in room 5110, New Senate Office Building, the Honorable Strom Thurmond presiding. Senator THURMOND. The committee will come to order.

NOMINATION OF E. WILLIAM HENRY, OF TENNESSEE, TO BE A MEMBER OF THE FEDERAL COMMUNICATIONS COMMISSION

This morning we will hear the nomination of E. William Henry, of Tennessee, to be a member of the Federal Communications Commission for a term of 7 years from July 1, 1962, vice John S. Cross, whose term has expired. This is a seven-man Commission whose Chairman is Newton N. Minow.

Mr. Henry was born in Tennessee and the committee has received endorsements for him from both Senators from that State. Senator Kefauver is here to present him to us and Senator Gore, who is a delegate to the United Nations and cannot be here, has sent his statement of endorsement to be included in the record.

Mr. Henry has submitted a biographical sketch which will be made a part of the record and a financial statement which will be available in the files of the committee.

(The document follows:)

BIOGRAPHY OF EMIL WILLIAM HENRY

Residence: 592 South McLean Boulevard, Memphis, Tenn.

Age: 33. Born in Memphis, Tenn., March 4, 1929.

Married to: Sherrye E. Patton (B.A., Vanderbilt University, 1955).

Children: Elizabeth, 5, Sherrye, 3, and Emil, Jr., 1.

Education: Memphis public schools; the Hill School (cum laude), Pottstown, Pa., 1947; Yale University (B.A.), 1951; Vanderbilt School of Law (LL.B.), Nashville, Tenn., 1957; member, Order of the Coif, Legal Honor Society; associate editor, Vanderbilt Law Review, 1957.

Armed Forces: Commissioned ensign in U.S. Naval Reserve Officer Candidate School, 1951, served on active duty for 3 years aboard U.S.S. Bausell (DD-845) in Pacific Fleet during Korean war; discharged, 1954, as Lt. (jg.) while serving as gunnery officer.

Admitted to the bar of the State of Tennessee, 1957, and authorized to practice in Federal courts, including U.S. Supreme Court, 1960. Member of the Memphis and Shelby County Bar Associations, Tennessee Bar Association, and American Bar Association.

Engaged in general practice of law in Memphis, Tenn. Now a partner in the firm of Chandler, Manire & Chandler, doing office, trial, and appellate work. Member of various bar association committees.

Active in local affairs and civic organizations, including director of local chapter of American Red Cross, vice president of Family Service of Memphis. Recently appointed member of the Tennessee Advisory Committee to the U.S. Commission on Civil Rights.

Worked in the Kennedy campaign organization, 1960, as its representative to the Nationalities Division of the Democratic National Committee.

Senator THURMOND. We are glad to have you with us, Mr. Henry, and first, I would like to call on the distinguished Senator from Tennessee, Mr. Kefauver, since he has a statement on your behalf. STATEMENT OF HON. ESTES KEFAUVER, U.S. SENATOR FROM THE STATE OF TENNESSEE

Senator KEFAUVER. Thank you very much, Mr. Chairman.

It is a great pleasure to appear with William Henry and to recomment him very highly to the committee for confirmation for the position to which he has been appointed.

Mr. Henry is a native of Tennessee. He received his B.A. degree from Yale University, where he made an outstanding record, and his LL.B. degree from Vanderbilt University at Nashville.

Mr. Henry entered the practice of law at Memphis and has become a partner in the very outstanding law firm of Chandler, Manire & Chandler, which, as the chairman knows, is headed up by Walter Chandler, a former Member of the House of Representatives and a distinguished Tennessee lawyer.

Mr. Henry has won the high esteem of the lawyers of Tennessee as a very able lawyer and of the people generally for his civic work, which has been outstanding in the community. He is able, courageous, and capable.

To show the high esteem in which he is held by our people, Mr. Chairman, the thoughtful press of Tennessee, both Republican and Democratic, progressive and conservative, has joined in very highly acclaiming the nomination of Mr. Henry.

I think that he will serve ably as a member of the Federal Communications Commission.

I would like to digress to say that Mr. Henry's wife, Sherrye, is present, and he has three young children.

I am certain that he will be one of our most worthy public servants. As the chairman said, Senator Gore joins in this recommendation enthusiastically. He is unfortunately but necessarily at the United Nations. Jack Lynch, his legislative assistant, is present to show the interest and endorsement of Senator Gore.

That is all, Mr. Chairman.

Senator THURMOND. Senator, we are delighted to have you with us and I am sure you are busy, so if you want to leave any time, you may do so.

We will now hear from Mr. Henry, if he wishes to make any statement in addition to the biography, which has been placed in the record without objection.

STATEMENT OF E. WILLIAM HENRY, TO BE A MEMBER OF THE FEDERAL COMMUNICATIONS COMMISSION

Mr. HENRY. Senator Thurmond, I have no statement to make. I will be glad to answer any questions you might have. I will be appointed, if the Senate confirms me, as a Democrat.

Senator THURMOND. You are appointed as a Democrat?

Mr. HENRY. Yes, sir.

Senator THURMOND. I want to ask you this, What is the name of your law firm, Chandler, Manire & Chandler?

Mr. HENRY. That is correct.

Senator THURMOND. Were you an associate or an employee of the firm?

Mr. HENRY. I was a partner in the firm.

Senator THURMOND. Silent partner?

Mr. HENRY. Just a regular law partner; yes, sir.

Senator THURMOND. Does your firm do any communications practice?

it.

Mr. HENRY. No, sir.

Senator THURMOND. Does it practice before the FCC?

Mr. HENRY. It has not during the time I have been associated with

Senator THURMOND. Are you severing your connections with that firm?

Mr. HENRY. Yes, sir.

Senator THURMOND. You will no longer have any interest in that firm whatever?

Mr. HENRY. That is correct.

Senator THURMOND. Have you had any experience in communications work?

Mr. HENRY. No, sir; I have not had any experience as a lawyer in this field.

Senator THURMOND. Would you tell us just what you feel are your qualifications for this position?

Mr. HENRY. Well, I have practiced law with some degree of ability, I hope. I think I bring to the job a willingness to work hard. I bring to it no preconceptions and a very earnest desire to be of service. I hope that will stand me in good stead.

Senator THURMOND. Do you have anything else you would like to tell the committee to go in the record?

Mr. HENRY. I don't believe so, Senator.

Senator THURMOND. During the 86th Congress, the Senate resolved that individuals appointed to administrative and policymaking posts should be willing to serve for a period long enough to permit them to contribute effectively in their assigned tasks and that nominees appearing before its committees should indicate their willingness to serve so long as the President desires.

How do you plan to serve if you are confirmed?

Mr. HENRY. Well, I am aware of that resolution and it is my intention to serve the full term or for so long as the President should desire me to serve there.

Senator THURMOND. You know of no connection you have or any interest you have which would be in conflict with your duties?

Mr. HENRY. I do not.

Senator THURMOND. You have never been in any trouble of any kind you have never been arrested or tried for any offense or involved in any matter that might come out later to embarrass you or the Government?

Mr. HENRY. No, sir; none other than traffic violations.

Senator THURMOND. We would probably all be in jail for those. [Laughter.]

Counsel has a few questions.

Mr. ZAPPLE. Recently the Congress passed a bill concerning the communications satellite corporation. During the debate on this bill, sharp criticisms were made of the FCC's actions or inactions over the years with reference to the regulating of the common-carrier subject to their jurisdiction. First, are you familiar with these criticisms; and secondly, generally what are your views with regard to regulating the common carriers, if you have any at this time?

Mr. HENRY. I am not familiar with the specific criticisms stated of the FCC in connection with this legislation. I have read the bill and I recognize the importance of the FCC's role in regulating the new corporation. I am particularly aware of the provisions in the act requiring the FCC to assure equal access to the facilities, competition in acquisition of new equipment, keeping the rates reasonable and so forth, and I intend to do my best to follow the spirit and the letter of

the act.

Mr. ZAPPLE. One of the continuous complaints this committee receives over the years involves a question of overcommercialization by various broadcasters. Do you have any feelings with respect to the responsibility of the Commission in this area?

Mr. HENRY. Well, I think that the Commission has an obvious responsibility to see that the broadcasters operate in the public interest. Part of putting this into effect, I think, is to consider the performance of a broadcaster, particularly as measured by his promises in his application at renewal time and I think commercialization would be one factor to consider.

Mr. ZAPPLE. For a number of years, this committee and the FCC has held hearings regarding network regulations. Last year, the FCC submitted a bill, designated as S. 2400, which would give the Commission authority to directly regulate the networks. The Commission asked that the hearings on this legislation be deferred until they completed their final phase of their hearing regarding this program. This committee, of course, is awaiting that final report and the recommendations of the Commission before it proceeds. Do you have any general views with regard to that overall subject that you would like to express at this time?

Mr. HENRY. Well, I am aware that there has been a prolonged study in this field. I believe the 1962 report of the Commission stated that the record of the final phase of this hearing was some 29 volumes and I have not had a chance to look into it thoroughly. I am aware that the problem does exist and it would be my hope that the Commission would come up with some recommendations to the Congress in that regard.

Mr. ZAPPLE. Last year this committee, particularly the chairman of the full committee and the subcommittee chairman, became concerned over recurring reports that certain large distilling companies were going to use broadcast facilities to advertise hard liquor. The chairman and the subcommittee chairman wrote to the president of the National Association of Broadcasters and told them that unless the self-regulation that they contended would be effective in this industry were effective, that they would proceed with possible legislation to consider this question. During this interim period, the committee has followed very closely the developments and there are again recurrent reports that this development is about to take place. Would you be kind enough when you get down to the Commission to find out and submit to this committee in the next session what licensees, if any, are carrying hard liquor advertising so the committee could have this information in the event it decides to move ahead.

Mr. HENRY. Yes, sir, I would be glad to do that.

Mr. ZAPPLE. One of the perennial complaints involves the big backlog of cases that are always building up at the FCC. The chairman of this committee, as well as the chairman of the subcommittee, have always asked the FCC whether they had adequate personnel and whether the provisions of the Communications Act are adequate to cope with the delays. But in spite of those requests, the backlog keeps building up. Would you, when you are confirmed and assume your responsibilities, make an examination to determine whether or not any additional personnel are necessary or whether any amendments to the Communications Act are necessary in order to eliminate the delays that develop and help build up the backlogs. Would you do that? Mr. HENRY. Yes, sir. I am aware of that problem and I intend to be very interested in it and do what I can to inform the committee. Senator THURMOND. There is a great opportunity here to serve the public in this position to which you have been appointed. The influence of TV now on the people is terrific. Mr. Zapple was just asking you about alcoholic beverages. I think that is a matter that does deserve considerable consideration. Is it in the public interest? It isn't whether the people want to do it or not-is it in the public interest? I think that is the question you are going to ask yourself on almost everything that comes up-is it in the best interest of the public?

I want to give you an example. Down in my State, sometime ago, I was talking with a man who was sitting by the TV and several members of the family there were watching it. A beer advertisement came on-I believe it was Miller's, if not some other brand—and this advertisement ran for a brief period. Later that evening, this gentleman took his family out to dinner, including this little 6- or 7-year-old boy, and when he got to the restaurant and asked him what he wanted to drink, he said beer and called this particular brand.

They told him that he was too young to have a can of beer or bottle of beer, as the case may be, and the little child started crying and insisted that he have beer.

Now that was the result of this advertisement that he saw on TV. I do think that what children see on TV today is most important in forming their habits and their character and that is the reason I say your Commission has a tremendous responsibility. I hope you will give that matter and other matters that may affect the public and affect